COPAC
in u-turn over civic participation at All Stakeholders Conference

The parliamentary select
committee in charge of Zimbabwe’s constitutional reform program (COPAC), has
made a u-turn regarding participation of civic society groups at the 2nd All
Stakeholders conference, now scheduled for October the 4th to the
6th.

COPAC’s secretariat and select committee had last week decided to
reduce the number of participants from 2,400 to 2,000, allegedly due to
budgetary constraints. Each of the three parties was to send 600 delegates,
with legislators making up the remaining 200 slots. Because of this it had
been decided to exclude any representation from civic society.

But
according to a coalition of more than 10 civic society groups that met with
COPAC co-chairperson Douglas Mwonzora on Monday, COPAC has now revisited the
issue of delegates, among other critical issues regarding the new draft
charter.

Thabani Nyoni, spokesperson for the Crisis Coalition, said COPAC
reviewed its position and resolved to scale the number of delegates down to
1,100. There would now be 246 delegates from the political parties, 284 from
Parliament and 571 from civil society.

“Civic society had threatened
to boycott that Conference if we were not recognized as independent entities
and the voice of the people. Fortunately COPAC decided to treat the civic
groups as stakeholders and we came up with a clear framework for our
participation,” Nyoni explained.

Nyoni said it is also important that
COPAC decided to use only their draft at the Stakeholders Conference,
without discussing amendments made by ZANU PF. But there is still concern
that some ZANU PF elements will try to violently disrupt the event or find a
way to include the amendments they want.

“It is worrying why ZANU PF
has all of a sudden agreed to use the COPAC draft. There is concern they
might a way to mobilize enough support for their amendments. We are aware of
that and are prepared to resist any such attempt,” Nyoni said.

He
added that COPAC also decided to allow diplomats, local and international
media, the judiciary and other interested stakeholders to observe the
process. This has eased fears of a violent disruption.

Mugabe
by-election call due

PRESIDENT Robert Mugabe has five days to order
by-elections in at least three parliamentary seats or face a contempt of
court charge.

Mugabe was granted a 30-day extension to a previous August
30 deadline set by the High Court for the by-elections to be called in three
Matabeleland constituencies.

The President is in New York for the
United Nations General Assembly and does not return to Harare until early
October – which would be past the extended court deadline.

In his
absence, Acting President Joice Mujuru could be the one to issue a
proclamation which legal experts say should not only cover Nkayi South,
Lupane East and Bulilima East constituencies but nearly 30 other vacant
parliamentary seats and hundreds of local government
positions.

Mugabe asked for the court extension after pleading poverty,
insisting that the government could not raise the US$38 million needed for
the by-elections elections.

The Nkayi South, Lupane East and Bulilima
East seats fell vacant following the expulsion from the Movement for
Democratic Change (MDC) of MPs Abednico Bhebhe, Norman Mpofu and Njabuliso
Mguni.

The trio, now independents, went to court seeking to force
by-elections to be held and their fight went up to the Supreme Court where
the country’s top judges dismissed the government’s financial arguments for
not holding the by-elections as the law demands.

University of
Zimbabwe law lecturer and National Constituency Assembly chairman Lovemore
Madhuku said President Mugabe can still announce the dates for the
by-elections and change them anytime just to delay the process, although
that option could be unattractive as it would not be in the spirit of the
court ruling.

Zimbabwe is broke after Finance Minister Tendai Biti was
forced to cut his budget by $600 million recently as he warned that the
country could soon default on salaries for government workers.

The
compelling financial case has seen Zanu PF and its main rival the MDC-T both
agreeing that holding the by-elections now with a general election due by
June next year would add unnecessary strain on the national purse.

The
parties are also reluctant to hold what analysts say would be a
“mini-general” election before agreement is reached on constitutional,
media, security and electoral law reforms due under a power sharing
agreement signed in September 2008.

Bank wins
US$1m case against Gono

RESERVE Bank of Zimbabwe Governor Dr
Gideon Gono and his company, Lunar Chickens, have been ordered to pay
Renaissance Merchant Bank US$1,2 million in settlement of a loan extended to
the firm in 2010.

Dr Gono, a director with Lunar Chickens, was cited as a
co-principal debtor and surety together with four other
companies.

High Court judge Justice Chinembiri Bhunu ordered the
execution of the six immovable properties that had been tendered as surety
bond.

The following properties were declared executable:

Stand
3434 Harare measuring 4 694 square metresLot 4 of GA Hellensvale measuring
2, 0332 hectaresStand 6 Tara, Goromonzi measuring 6, 3314 hectaresStand
644 Ruwa measuring 2 000 square metres.Justice Bhunu granted the order
following an unopposed chamber application by RMB’s lawyers, Danzinger and
Partners.“Judgment is hereby entered against the defendants jointly and
severally the one paying the others to be absolved in the sum of US$1 274
167,85 together with interest at the rate of 21 percent per annum from May 1
2012 to date of payment in full . . . ” read part of the order.

The
other four companies that were cited as defendants together with Dr Gono and
Lunar Chickens are Froglett Investments, Kimira Bonsai Nursery, Hanrob
Investments and Wykeham Investments.

Facts of the matter are that on
December 8 2010, RMB extended a credit facility of US$1 million to Lunar
Chickens.In the same deal, Dr Gono and the other four firms stood as surety
and co-principal debtors for the due fulfillment of all the obligations of
Lunar Chickens.Froglett passed a surety bond of Stand Number 3434 Harare
Township in favour of RMB while Kimira Bonsai Nursery bonded the Hellensvale
property.

Hanrob Investments offered Stand Number 6 Tara Township while
Wykeham bonded Stand 644 Ruwa.In breach of the agreement, Lunar Chickens
has failed to settle the loan under the credit facility that expired on May
31, 2011.The balance outstanding on the loan stood at US$1 274 167,85 as at
April 2012.

The capital amount is US$998 996,03 and interest by April
this year was calculated at US$275 161,82. Bank charges were only
US$10.

Despite demand, the six defendants have refused to settle the said
amount, prompting RMB to file summons at the High Court on June 1 this
year.The summons was duly served on the defendants on June 13 this year and
the deputy sheriff produced a return of service document that was filed at
the High Court.

Lunar Chickens, Dr Gono and the four other firms did
not respond to the claim until they were automatically barred in terms of
the rules of the High Court.RMB then filed a chamber application seeking
a default judgment in terms of the summons issued.Justice Bhunu granted
the chamber application last Wednesday.

RMB is on record claiming that
Lunar Chickens owed it US$1 million while the central bank itself owes it
US$8 million.In another claim at the High Court, RMB indicated that if it
got back the US$9 million owed by the two entities, its financial woes would
end.

Impala's
Zimplats unit hit with $34 mln tax charge

(Reuters) - Zimbabwe's revenue authority has ordered
Impala Platinum's Zimplats unit to pay $33.8 million in back-dated taxes,
arguing the tax holiday claimed by the firm had no legal basis, Zimplats
said on Tuesday.

Zimplats, the country's largest mining operation, said
in a statement the Zimbabwe Revenue Authority (ZIMRA) had re-assessed its
tax obligations for the period between 2007 and 2012.

Salvation
Army ‘causing humanitarian disaster’ in Zim

The Salvation Army is being urged to take immediate action
and reinstate a top doctor it recently dismissed from the Howard Hospital in
Zimbabwe, where supporters have warned a humanitarian disaster is
brewing.

Canadian born Dr. Paul Thistle was dismissed in August under
unclear circumstances, a decision that led to violent protests by outraged
Chiweshe residents. The Hospital meanwhile has been left to run at limited
capacity, and many patients have been either turned away or discharged
without full care, because Dr. Thistle was the chief doctor and only surgeon
there.

The doctor was given 24 hours to leave the hospital and then 48
hours to leave Zimbabwe, with no explanation from the Salvation Army other
than that the decision was apart of ‘internal processes’. He has been barred
from the hospital, but is refusing to leave the country while a criminal
case hangs over eight of his colleagues, who were arrested and charged with
‘inciting violence’ during the protests in Chiweshe.

An international
network of doctors and supporters has since been trying to convince the
Salvation Army to reinstate Dr. Thistle because of the looming crisis his
absence has created. The Interfaith Friends of Howard Hospital group has had
several meetings with the Salvation Army, both in Dr. Thistle’s native
Canada and at the international headquarters in London.

But according to
the group’s chief coordinator, Dr. Michael Silverman, the Salvation Army has
reneged on promises it made to the group to first undergo a review of the
situation at Howard Hospital, before making a final decision about Dr.
Thistle’s fate. He said they have reiterated their position that Dr. Thistle
must leave Zimbabwe by October 5th, despite a replacement only meant to take
over at Howard Hospital in December.

“It just doesn’t make any sense.
They haven’t given any explanation why he has to leave. I believe it is
something internal in the Church, but they haven’t made anything clear,” Dr.
Silverman said.

He explained that the situation is likely linked to a
financial grant Dr. Thistle had secured for the Howard mission, which was
then withdrawn because the Zim leadership of the Salvation Army refused to
adhere to transparent accounting for the money. The leadership, which is
believed to be heavily influenced by Joice Mujuru as a senior Salvation Army
member, said it did not need to account for how the money would be
spent.

“It isn’t clear if Dr. Thistle’s dismissal is because of this, but
I believe it was,” Dr. Silverman said.

He added that the key concern
now is for the fate of the hospital, and the hundreds of thousands of people
who have come to rely on its service over the past 16 years. He explained
how Dr. Thistle was integral to the existence of the once thriving facility,
and without him, “it only spells disaster.”

“The once thriving
hospital is operating at 10% capacity. Seven thousand patients in Chiweshe
are receiving Anti-Retroviral Therapy, including 3,000 registered at the
Howard Hospital’s Tariro HIV/AIDS/TB Clinic. These patients are now at risk
of defaulting on their treatment. Eight of the Howard Hospital’s nurses have
been arrested following unrest following the dismissal of the Thistles, and
approximately 1,500 orphans and vulnerable children have been left without
support. International funding is in jeopardy, as donors cannot guarantee
their funds will be used for their intended purpose. The humanitarian crisis
with people needlessly dying has caused an international outcry,” Dr.
Silverman said.

Mutoko
teacher living in fear after army attack

A man escaped death by a whisker
after being brutally attacked by some members of the uniformed forces last
week.25.09.1210:19am

by Tarisai Jangara

Stanley
Bururu (48), a teacher at Masvika Primary School in Mutoko, told The
Zimbabwean he was attacked by four men in army uniform.

“On my way
home from Mutoko centre, I was approached by four men in army uniform who
demanded to know where l was coming from. I told them l was coming from the
shopping centre. They dragged me into a nearby bush and beat me up with logs
and fists,” he said.

The soldiers accused him of attending an MDC rally
addressed by Welshman Ncube, leader of the smaller Movement for Democratic
Change. “I now live in fear as these men promised to come back for me and my
family. They said l am an activist masquerading as a teacher,” he
said.

He reported the matter at Mutoko police station. Kurauone Chihwayi,
MDC-N spokesperson, said a number of their supporters were attacked at the
rally. “We are still receiving reports that people are still being beaten up
by the army, which is disturbing,” he said.

Cops
ban MDC meetings

Police in Mberengwa East have banned all MDC meetings in
the area while Zanu (PF) meetings are being held
freely.25.09.1210:20am

by Zwanai
SitholeHarare

The MDC-T chairman for Mberengwa East, Ketrush
Mubaiwa Moyo, told The Zimbabwean this week that police were refusing to
sanction even private meetings for the party’s local leadership in the
area.

“All our structures from branch to district levels are failing to
hold meetings in the area,” said Moyo.

“Last week we wanted to hold a
district meeting in preparation for our forthcoming anniversary in Bulawayo,
but the meeting was disrupted by the police. We are convinced that this is
politically motivated because Zanu (PF) is being allowed to hold its
rallies,” said Moyo.

Midlands’s provincial Police spokesperson, Inspector
Emmanuel Mahoko, said he was not aware that police had banned MDC meetings
in the area.

“I am not aware that our colleagues on that side are denying
others parties an opportunity to hold their meetings. I have to verify that
with the regulatory authority in Zvishavane,” he said.

The MDC-T has
also accused the police of banning MDC meetings in Mashonaland provinces.

Zanu
(PF) headman threatens MDC supporters

A Zanu-PF village head who is also
a headmaster at Mbuya Nehanda secondary school in Mberengwa, Munyaradzi
Ndlovu, has threatened to evict all MDC supporters from his village saying
they are sell-outs.25.09.1201:18pm

by Zwanai
SitholeHarare

Ndlovu, a member of the disbanded Zanu-PF Mberengwa
District Coordinating Committee (DCC), declared last week during his
installation as village head for Moti village that all MDC supporters will
be evicted soon.

Ndlovu was installed as the village head for the area to
replace his father who had passed away.

In an interview with the
Zimbabwean, Wellington Shava, the MDC T district secretary for party
business, said party supporters who attended the installation ceremony held
in Muchembere ward were told that they would never be allowed to benefit
from any government programmes, for example food aid.

"Ndlovu and a
group of war veterans openly declared during his installation as village
head that all MDC supporters would soon be evicted because they are
sell-outs.

"He said the MDC supporters would also not be allowed to
benefit from any government programmes like the grain loan scheme. He said
the MDC supporters should not benefit because they have always been against
the government so they should look for help from America," said
Shava.

When contacted for comment, Ndlovu said: "The people who have told
you that information are MDC supporters who want to tarnish my image and the
image of Zanu-PF."

Mberengwa has been a Zanu PF stronghold since
independence, the party's militias and war veterans have been mostly
terrorising opposition supporters in the past recent years.

Zanu-PF
has declared war against MDC supporters in Mberengwa district saying their
party should start setting up a refugee camp as they will be all forced to
flee.

Last year, several MDC supporters fled their homes in Murongwe area
in the same district after war veterans led by one Retired Major Shava
raided their homes for boycotting a Zanu PF rally.

Early this year a
group of war veterans were arrested after disrupting a constitutional
parliamentary committee consultative meeting on the new constitution held at
Vutsanana Secondary School in the same district.

Zanu
(PF) says not running parallel government

HARARE - Mines Minister and Zanu PF Secretary
for Economic Affairs, Obert Mpofu has dismissed allegations by the MDC-T
that his party is running a parallel government using proceeds from diamond
sales.The allegations were made at a press club meeting in Bulawayo by MDC-T
provincial chairman for Bulawayo, Mr Gorden Moyo who said Dr Mpofu has
assumed the role of Prime Minister and Finance Minister.Mpofu dismissed
the allegations as a political joke, saying some of the portfolios such as
the Ministry of Finance were requested by the MDC-T at the formation of the
inclusive government.The Zanu PF Secretary for Economic Affairs said it is
in fact the MDC-T which is running a parallel government that is sponsored
by western countries to effect regime change.“We have tabulated all the
records showing what happens in the mining sector and most of the exports
are done through the central bank and they are the ones who issue CD 14 and
the Ministry of Mines doesn’t get involved those issues” he said.Mpofu
added that minerals are sold in a transparent manner and Zanu PF will never
run a parallel government as it is a party that serves the interests of the
people with nothing to hide.Despite criticism by the MDC-T, the mining
sector has remained the major contributor to economic growth with 60% of
export earnings.Former Mines Minister Edward Chindori-Chininga and Zanu PF
central committee member has described current minister Obert Mpofu as a
crook and a thief.Chindori-Chininga escaped death in a mysterious car
accident in which three people were killed.According to a diplomatic
cable released by Wikileaks Chindori-Chininga told United States ambassador
to Zimbabwe Charles Ray on 21 January 2010 that Mpofu had entered into
unlawful partnerships with Mbada and Canadile to mine diamonds in
Marange.Chindori-Chininga was chair of the Parliamentary Committee on mines
at the time.He said he believed Mpofu, whom he characterized as a
"crook" and a"thief," had unlawfully entered into partnerships with Mbada
and Canadile. He stated that MDC-T deputy minister of mines Murisi Zwizwai,
who he said was a friend of his, had been seriously compromised by
Mpofu.In 2010, the Indian Surat Rough Diamond Sourcing Limited (SRDS), a
company set up to source rough diamonds for local manufacturers, requested
that Zimbabwe supply it with $100 million worth of Marange diamonds each
month.In a letter presented to Zimbabwe mines minister Obert Mpofu on
Thursday, SRDS chairman Ashit Mehta, whose private company Blue Star is a De
Beers, Diamond Trading Company (DTC) sightholder, offered to train Zimbabwe
artisans in cutting and polishing as well as provide the country with
technical assistance in exchange for the rough supply.

“We request
minister Mpofu and the government of Zimbabwe to facilitate the supply of
rough diamonds, on a regular monthly basis, to the tune of $100 million,
which will be on an annual basis of $1.2 billion of run of mine goods,”
Mehta said during the minister’s visit to Surat.

The diamonds would then
be distributed to the Surat industry through monthly tenders, according to
the SRDS mandate.Mpofu, who was educated in India, stressed the strong
relationship between the two countries and dismissed attempts by “the West”
to prevent Zimbabwe’s Marange diamonds from reaching the market.The
MDC-T through the Deputy minister of Justice and Legal Affairs Obert Gutu
has questioned Obert Mpofu’s source of wealth after the Mines minister
concluded the acquisition of troubled bank, ZABG.Mpofu recently bailed
out the bank after agreeing to invest in an asset backed transaction that
involved the transfer of assets to the bank. The assets include York House,
one of the tallest buildings in Bulawayo.Mpofu’s investment rescued the bank
from closure after it had battled to meet the US$12,5 million minimum
capital requirements.Writing on the social networking site, Gutu who is the
MDC-T spokesperson for Harare province said it was impossible for a
government minister to splash US$22 million on a bank.How a Government
Minister in a struggling economy like Zimbabwe can ''raise '' US$22 million
and buy a whole bank surely boggles the mind..... Am I missing something
here? Whither the diamonds of Marange and Chiadzwa. I will call this a
festival of looting,” Gutu wrote.The posting drew the ire of Gutu’s
followers who accused Mpofu of looting the country’s resources.Gutu
became the second MDC-T official to question Mpofu’s wealth after the
party’s secretary general and Finance Minister Tendai Biti said last month
it was unbelievable that civil servants earning US$800 were now buying
jets.“There is no doubt that a small coterie of individuals is benefitting
from Zimbabwe diamonds. Some of us who are benefitting are not afraid to
flaunt our monies. We are buying all kinds of assets,” Biti told
stakeholders attending a diamond workshop last month.“I am a government
minister and earning US$800. How do I buy some of the assets that we are
buying?”“People are now buying private jets because of our diamonds.” Mpofu
has in the past said his wealth is not ill-gotten and has evidence to prove
that.Minister Obert Mpofu has failed to give an adequate account for diamond
revenue emanating from Marange fields.In June this year Mpofu came under
the spotlight at a conference in Harare, organised by Centre for Public
Accountability.“I am minister of mines not minister of revenue. If revenue
has not been collected it is not our fault. ZIMRA collects the revenue. Ask
me about Mining issues not revenue issues and i will explain.“I do not
deal with figures but mining development.Delegates had asked him where the
diamond revenue from Marange was going following Finance Minister Tendai
Biti’s recents complaints of non remittance to the treasury revenue by
mining companies.Presenting his first quarter economic review Finance
Minister Tendai Biti said revenue collected through ZIMRA for March 2012
amounted to US$287,9 million against a target of US$320,2 million, giving
rise to a US$32,4 million shortfall, arising from the underperformance of
diamond proceeds.Zimbabwe Environment Law Association National Director
Mtuso Dliwayo condemned Mpofu’s utterances saying citizens want
accounatbility and information.“What is wanted here is accountability
over the resource extraction in order to curb corruption and it is not a
witch hunting issue.Zimbabweans want to know who, where, and how much are we
getting and from what resource and nothing else,”he said.But Mary Jane
Ncube Transparency International Director insisted that mining activities
should be divulged to the citizens adding that by so doing corruption is
reduced.“We are citizens of this country and we have the right to question
it(mines ministry) because it is the one which signs deals with mining
companies operating in the country, and hiding such information to us is
unfair, “she said.Mpofu however said the country is expecting 12, 1
million carats of diamond by the end of the year, and revenue of US$600 is
expected from the sales.A mines ministry source has said around 1.5 million
to 2 million carats are being mined there each month. The stones have an
estimated average value of around $55 per carat.

ZANU
PF seeks political interference in SA judiciary

ZANU PF is facing criticism for seeking political
interference from the ruling ANC party in South Africa, where the Supreme
Court of Appeal has dismissed the Zimbabwean government’s attempt to block a
landmark ruling on the land grab campaign.

Last week a South African
court dismissed an appeal by the Zimbabwean government against the North
Gauteng High Court decision in 2010, which upheld the 2008 ruling by the
SADC Tribunal that the land grab in Zimbabwe was unlawful.

That High
Court decision was the result of a legal challenge lodged by farmers who
lost land in Zimbabwe during the land grab, and who were forced to turn to
South Africa for assistance when Zimbabwe refused to honour the regional
human rights Tribunal.

The decision last week by the Supreme Court of
Appeal has now been widely applauded for setting a precedent in the Southern
African region by upholding the rule of law. It means that Zimbabwean
properties in Cape Town face being auctioned to compensate the
farmers.

But ZANU PF Minister Didymus Mutasa has now said that the
government will call on South Africa’s ruling ANC party to make a political
decision and block the auction.

“What they (farmers) are fighting is
not about land, but to trouble the government of Zimbabwe. After this
judgment, which is legal, we should let it go and we speak to the ANC and
take a political decision. I hope that is possible,” Mutasa said.

At
the same time, a ZANU PF aligned advocate who was part of the Zimbabwe legal
team, Martin Dinha, has also branded the ruling ‘racist’ and against
international laws.

“South Africa’s judiciary is not yet liberated
from apartheid; it hascosmetic liberation. South Africa remains a colony of
white Rhodesians andapartheid,” said Dinha, who is also the Mashonaland
Central governor.

Former Chegutu farmer Ben Freeth said such a reaction
is unsurprising because of the “dictatorship in Zimbabwe, where there is no
separation of the state from the judiciary.”

“It’s an entirely
predictable reaction born out of sour grapes which shows contempt for the
South African courts,” Freeth said.

Willie Spies, one of the lawyers who
represented the farmers in the case, said that South Africa has “done its
best to uphold the constitution and uphold the division between the
judiciary and the state.” He said it was “frightening” that Zimbabwe was
playing the “race card” to seek political inference in the case, and it will
be “interesting” to see what happens.

Minister
Sheds Tears Over Gukurahundi

Bulawayo, September 25, 2012 – State
Enterprises Minister Gorden Moyo shed tears Monday evening at the Bulawayo
Press Club as he related how his parents’ rural home was burnt to ashes by
5th Brigade soldiers.Moyo, the Movement for Democratic Change Bulawayo
chairman, said he had escaped together with his parents and missed death by
a whisker after the whole village in Sogwala area in Lower Gwelo was burnt
down to ashes by the soldiers who, were being led by the late Zanu (PF)
politburo member, Richard Hove.

“It was very painful and traumatising
to see my whole village including my parents’ home being burnt down to ashes
by Richard Hove, who was leading a group of Zanu (PF) supporters and 5th
Brigade soldiers. We actually escaped death by a whisker and lucky to be
alive. So no one can tell us today to sweep the Gukurahundi issue under the
carpet," he said.

“A Truth Reconciliation Commission should be set up
like what happened in Rwanda ,South Africa and Burundi to deal with
Gukurahundi,” said Moyo in tears.

More than 20 000 Zimbabweans were
massacred by the Zanu (PF) government in the 1980s during the Gukurahundi
operation conducted by 5th Brigade army in the Matabeleland and Midlands
regions.

There were accused of being dissidents and were buried in mass
graves while some were thrown alive in disused mines.

President
Robert Mugabe, who is the Zanu (PF) leader, has refused to apologise for the
killings although he has called the crackdown “a moment of
madness.”

PM’s
men storm Karimatsenga home

PRIME Minister Morgan Tsvangirai’s representatives on
Monday scaled the security gate at the family home of his estranged wife,
Locardia Karimatsenga, in a bid to deliver gupuro, a divorce token under
traditional customs, her lawyers have claimed.

The MDC-T leader is
locked in a bitter divorce tussle with Karimatsenga who successfully
petitioned the courts to block his marriage to new flame, Elizabeth Macheka
last week.

Karimatsenga’s lawyer said Tsvangirai’s emissaries have in
recent days visited the homes of her relatives in a bid to end the
relationship and, on Monday, jumped the gate as her family home to deliver
the gupuro.

“I can confirm that the PM’s emissaries went and jumped into
the Karimatsenga homestead in Christon Bank. It is unthinkable that the PM’s
emissaries exhibit such unlawful behaviour,” Everson Samukange told the
state-run Herald newspaper.

“There was no one at the premises, except
for the gardener. The modern thing they could have done was to knock at the
gate rather than to jump. We are actually wondering what their motive
was.”

Last week Tsvangirai’s representatives are said to have visited the
home of Locardia’s aunt in Borrowdale where they left a letter in the letter
box. Another letter was also hurled over the precast wall of Locardia’s
house in Greendale.

Samukange said he was trying to contact
Tsvangirai’s lawyers, Thabani Mpofu and Innocent Chagonda, over the letters
as well as to discuss their request for an out of court
settlement.

“I have been trying to get in touch with Advocate Mpofu and
Chagonda over the letters, but I have not been successful,” he
said.

Karimatsenga insists she is still married to Tsvangirai after he
paid lobola to her family last November.But the MDC-T leader says he
only paid damages for making her pregnant and ended their relationship after
it was hijacked by political rivals and state security agents to embarrass
him.

Karimatsenga is also seeking US$15,000 in spousal maintenance from
Tsvangirai but insists she has not wish to divorce him and is comfortable
with being in a polygamous marriage since she is the first wife.

6 dead in Harare
minibus crash

THIS was the horrific scene
on Monday morning after this Mbare-bound commuter minibus filled with market
traders burst its left rear tyre and overturned along Chitungwiza
Road.

Four people were killed
on the spot, and two more died on admission at hospital.

Police say 12 injured
passengers were admitted at Chitungwiza Central and Parirenyatwa Hospital with
two of them described as in critical condition.

Inspector Tigere Chigome
said most of the dead were market traders going to work in
Mbare.

What should have been a
routine commute to work turned to horror shortly after 6.30AM when – according
to survivors – the minibus burst its left rear tyre just after crossing the
Manyame Bridge, careered off the road and overturned.

Investigators say the
minibus was overloaded and believe the driver was speeding.

“Drivers must observe speed
limits,” Inspector Chigome said. “This is important in case something happens
one is able to control the vehicle. The drivers should also desist from
overloading.”

Police withheld names of
the deceased as they worked throughout Monday to inform
relatives.

MDC-T
29 mistakenly arrested: lawyer

DETECTIVES failed to carry out alibi checks and conduct an
identity parade for the 29 MDC-T activists charged with the murder of a
police officer in Harare last May, the High Court heard
Monday.

Testifying as the trial opened, detective Assistant Inspector Ben
Justen, who was part of the investigating team, said he separately arrested
three of the suspects – Zwelibanzi Dube, Simon Mapanzure and Samuel Mdimu –
and handed them over to his superiors who continued with the
investigation.

He said a Mazda truck belonging to retail firm, Power
Sales, where Dube was employed, was used by the suspects to flee the crime
scene. The vehicle was later recovered from a car park close to Dube’s Glen
View home and impounded by police as evidence.

But Inspector Justen
admitted under cross examination from defence attorney Beatrice Mtetwa that
no identification parade was held for the suspects and that investigators
also failed to check their alibis.

Mtetwa then charged: "How then can you
be sure that these 29 people are the ones who committed the heinous crime
when no one identified them? This could clearly be a case of mistaken
identity."

She added: "One of the accused, Samuel Mdimu, is a vendor at
the shops and at the time of the fracas he was having a haircut.“He
actually ran away with half of his hair cut and had to seek services of
another barber to finish off the job but none of you officers bothered to
verify his alibi with the barber, even though he had provided his
name."

The detective then drew laughter from the gallery when he appealed
to Justice Chinembiri Bhunu for protection from Mtetwa’s barrage of
questions saying: "My lord I have answered to the best of my knowledge but
she (Mtetwa) keeps on asking me more questions."

But Justice Bhunu
suggested he probably needed a rest, quipping: "Are you tired
detective?"Meanwhile, Mtetwa also registered a formal protest with the court
against chief law officer, Edmore Nyazamba, who is prosecuting, accusing him
of engaging in delaying tactics.

Justice Bhunu said he was also
wondered why Nyazamba was always late for court.Prosecutors say
Inspector Petros Mutedza was killed by a mob of MDC-T activists after police
tried to break off an illegal gathering in Glen View.

The MDC-T
activists, who have been in custody for more than a year, deny the charges
and the trial continues Tuesday with Mtetwa cross examining
witnesses.

Justice Bhunu is yet to rule on the 29’s fresh bail
application that was made last week.

The MDC
Today

The Glen View
murder trial in which 29 MDC members are being falsely accused of murdering
a police officer continued today at the High Court with Assistant Inspector
Ben Justen, one of the arresting officers and a State witness finishing
testifying.

A new State witness Timothy Guta, the police officer who was
involved in the arrest of Solomon Madzore was then called in. Madzore is the
Youth Assembly chairperson and was arrested at his Harare home on 04
October, 2011. Guta said upon his arrest, Madzore was very cooperative and
queried why the police wanted to arrest all the MDC youth activists. The
trial resumes tomorrow morning at 11am.

Meanwhile, Chipinge Senator,
Hon. Josiah Mukayi Rimbi who died on Monday will be buried on Thursday at
Rimbi village in Musikavanhu constituency. Senator Rimbi passed on at
Murambi Gardens Clinic in Mutare after admission on the same day. He was
suffering from diabetes.

“If we collected $7,5 million in 2009, $6 million in 2010 how
then can Zinara explain $2,6 in 2011 and this year’s $1,2 million against a
background where vehicle numbers have gone up?” queried Mubvumbi.

The
authority’s projected revenue from licences stood at around $15 million,
Mubvumbi said.

Zanu
PF patronage jobs backfiring

By Fungai Kwaramba, Staff WriterTuesday, 25
September 2012 12:32HARARE - Wars pitying Zanu PF militia and members of the
security forces have exposed President Robert Mugabe’s patronage system as
groups such as Chipangano mutate into dangerous groups.

Two weeks ago
rank marshals better known as Mandimbandimba an offshoot of the Zanu
PF-linked Chipangano beat up two soldiers prompting a crackdown from the
army.

In a follow-up blitz police arrested more than 300 rank marshals
creating an uneasy calm at bus termini in the city centre.

However,
Chipangano’s tentacles are still being felt in other easy and lucrative
avenues of accumulating wealth such as in Mbare money-spinning markets where
the group continues to rake in huge profits.

At ranks in the city centre
Chipangano militia made a score of as much as $30 000 a day.

Analysts
have long warned that Zanu PF’s patronage system designed to woo voters
ahead of polls would backfire.

Apart from letting its supporters rob
people at ranks and in Mbare, Zanu PF which control key ministries such as
defence and the mines has also controversially legalised gold panning as
well as recruited ghost workers against “better advice” from
Treasury.

Mugabe’s party which is in an uneasy coalition with the MDC led
by Prime Minister Morgan Tsvangirai, early this year illegally recruited
soldiers and police officers lowering the entry bar.

Presently the
cash-strapped government of Zimbabwe has 10 000 ghost but visible workers on
top of the other 70 000 ghost workers.

Finance minister Tendai Biti who
has put a freeze on all government employment has failed to reign in Zanu PF
ministries amid threats from his counterparts in the troubled
coalition.

“The two chief culprits are the ministry of Defence, which
employed 4 600 since January, and the ministry of Home Affairs which has
recruited 1 200 personnel without Treasury approval,” said Biti.

The
addition of new recruits is exacerbating the acute shortage of food at army
barracks and adding to a wage bill that Zimbabwe cannot afford to
meet.

Some months ago hungry soldiers embarrassed Mugabe as they stole
food at a function in Mutare right in his presence.

Apart from
illegal recruitments Mugabe’s party has also been protecting 75 000 ghost
workers. The ghost workers are Zanu PF supporters who include the feared
Border Gezi graduates.

Concerted efforts to flush them from the
government payroll have been resisted by Zanu PF ministers who regard the
activists as focal points ahead of elections.

Parliament has been
pushing for the release of the audit into ghost workers but to date it has
been unsuccessful.

An audit of ghost workers was embarked on three years
ago but it is still to be made public and lawmakers estimate that “ghost
workers” are chewing US$75 million from the Treasury.

Minister of
Mines and Mining Development Obert Mpofu, has also come up with his
empowerment carrot.

Speaking in Gwanda recently, Mpofu said gold panners
were “heroes” adding it was ridiculous that many were being arrested because
legislation inherited from the colonial era made their activities
illegal.

“Since January, three tonnes of gold has been delivered to the
Treasury,” Mpofu said, adding that he would push for an amendment of the
Mining Act to legalise panning and free those in jail.

“Omakorokoza
contributed one tonne of that gold, yet we arrest and chase them. It is my
wish that even those who have been arrested for panning could be released
from prison.”

Empowerment minister Saviour Kasukuwere added: “We must
legalise omakorokoza. I would like to thank minister Mpofu for making the
statement. It is a fact that many of our young people have been imprisoned
because of gold.”

However, effects of Zanu PF populist policies are
already being felt on the environment with rivers filling up with sand and
farmland being reduced to gullies. — Weekend Post

Community
protests over Marange diamond

By Taurai Mangudhla, Business
WriterTuesday, 25 September 2012 12:36HARARE - Community members in the
Marange diamond mining area have held protests against lack of transparency
and accountability in the mining activities of firms operating in the
area.

This comes after Mines minister Obert Mpofu’s June announcement
that Zimbabwe approved its Diamond Policy at the height of accountability
concerns, but the new legislation will not guarantee full disclosure as a
sanction busting mechanism.

The precious stones were this year
expected to contribute 18 percent of the country’s $4 billion cash budget,
but it had to be revised downwards to $3,4 while economic growth forecast of
9,4 percent in 2012 also had to be revised to 5,6 percent on account of poor
revenues trickling from the Marange miners.

On Friday, people living
in the diamond rich area took up banners and marched against what they said
was greed and corruption in the allocation of claims in Marange, lack of
transparency and the exclusion of some stakeholders in the recently launched
Community Share-ownership Trust.

Chiadzwa Community Development Trust
(CCDT), a local pressure group, organised the protests.

“The
community said there is lack of community consultation in the issues
surrounding the Marange-Zimunya Community Share-ownership Trust, air and
noise pollution for the villagers staying in the diamond fields,
politicisation of Marange diamonds, community rights violations and
unemployment,” CCDT programmes manager Melanie Chiponda said.

“The
community is worried about the high levels of poverty in the area resulting
from the seizure of their fields by diamond mining companies and the closure
of businesses in the diamond fields which has deprived them of their
livelihoods,” she added.

She said the community has been reduced to
beggars as they have to depend on food hand-outs from mining
companies.

Some of the diamond mining companies are said to be shunning
locals.

“The mining companies refuse to give them (locals) jobs in the
mines calling them illegal miners. Unemployment in Marange is very high but
there are diamond mining companies employing thousands of people. The mining
companies prefer to employ people from other areas side-lining the Marange
community,” said Chiponda.

Because mining companies are carrying out
activities when people are still staying in the area, excessive dust is
affecting residents since there are no tarred roads in the diamond fields,
resulting in an increase in lung infections.

“The noise from blasting
is unbearable and houses are cracking as a result of the blasting,” said
Chiponda.

Zimbabwe Environmental Association’s July research into the
water quality from Odzi and Save rivers showed that Marange diamond miners
were polluting water and posing a health scare to the community which
depends on the rivers.

The
mean season for gays

Zimbabwe's gay community
is becoming a target in the build-up to expected elections in
2013

HARARE, 25 September 2012 (IRIN) - For
Zimbabwe’s gay community, voting season is a time of dread. As political
temperatures rise ahead of expected elections next year, gays and lesbians are
being targeted by police in an apparent strategy to win over
voters.On
11 August 2012, police raided a book launch at the headquarters of the Gays and
Lesbians of Zimbabwe (GALZ), an NGO based in Harare that promotes the rights of
sexual minorities. The police arrested 44 people, and although none were
formally charged, the incident followed a familiar pattern of harassment,
beatings and threats against people who openly identify as gay.

The
group was released the next day, but not before being “profiled” - a term used
by police to describe information gathering. Detainees’ names, addresses, places
of work and even details about friends and family were recorded.

With
this information, police have been pursuing these individuals as well as people
close to them. “We are in for a protracted campaign of harassment; it is going
to be a very rough time,” Chesterfield Samba, director of GALZ, told IRIN.
“People are being tracked down in clubs and bars, at their jobs and homes,
because they are suspected of being gay.”Politically
motivated

Same-sex
relationships are considered a breach of the traditional family structure, in
which marriage and procreation help perpetuate a system of care for elders. In
Zimbabwe, regard for tradition is used to stir up populist sentiment during
elections.

Usually
when anything political is happening, the vilification of the [gay] community
begins

“Usually when anything political is happening, the
vilification of the [gay] community begins,” Samba said. “It is a fearful time,
and it becomes difficult to go about daily life as normal.”Two
key political events appear to have triggered the latest round of harassment:
the expected presidential election - in which President Robert Mugabe will
likely square off against his rival in the unity government, Prime Minister
Morgan Tsvangirai - and the referendum on a draft constitution, which, if
adopted, could limit the powers of the presidency.

Tsvangirai
has called for presidential and parliamentary elections to take place in March
2013. The current session of parliament ends in June 2013, and, according to the
2009 unity government agreement, the polls must be held by October
2013.The
constitution was drafted by a joint committee consisting of members of the main
political parties, which formed a power-sharing government in the aftermath of
the violent 2008 parliamentary and presidential elections. Mugabe’s ZANU-PF
party wants to diluteprovisions of the
constitutionthat curb presidential powers, while
opposition parties see it as a tool to rein in presidential authority.

By
raising the visibility of gay rights advocacy and linking it to the constitution
- which makes no mention of the issue - Mugabe supporters hope to swing the
referendum vote in their favour, indicating that, unless there are changes to
the draft constitution, they will campaign for a no vote.“The
constitution does not mention homosexuality at all, and they are spinning its
silence to mean that it embraces homosexuality,” said David Hofisi, an attorney
with Zimbabwe Lawyers for Human Rights (ZLHR), which has been acting on behalf
of a number of those arrested at the book launch.At
a rally celebrating his birthday earlier this year, Mugabe alleged that
supporters of gay rights were attempting to insert a clause protecting same-sex
marriage into the draft constitution. "We won't accept that," he said, according
to media reports. "You don't have the freedom for men to marry men and women to
marry women. You have the freedom for men to marry women. That's God's freedom.
That's what created you and me."

‘Moral
panic’Since
the August arrests at GALZ headquarters, the police have continued their
investigation into the 44 “suspects”.

“Police
used the information to visit their homes, including the parents of people that
were arrested,” Samba said. “They also went to the places of work of some of our
members, so effectively ‘outing’ them. Some were kicked out of their homes.
Others face disciplinary action from their bosses who are homophobic.”

“Usually, police conduct an operation from time to time
against the gay community, then move on, but this time it’s a sustained campaign
and we have no idea when it will end,” Hofisi told IRIN.An
attempt to obtain a court injunction against the police was halted earlier this
month, when a group of youths stormed the courtroom in Mbara, a poor
neighbourhood south of Harare, forcing lawyers and plaintiffs to flee. “We are
now asking the court to transfer proceedings to a different court that is in a
less volatile area,” Hofisi said.An
intolerance of gays is shared across the political spectrum, and although
homosexuality is not specifically illegal, sodomy is deemed a criminal act. This
has not stopped police from arresting lesbians, Hofisi said, nor from arresting
people who are deemed gay, even if there is no evidence that they have engaged
in homosexual acts.

“We
know Mugabe always uses this subject to divert attention away from other issues
like poverty, lack of jobs and corruption,” Monica Tabengwe, a lawyer and
researcher for Human Rights Watch who has written several papers on the plight
of Zimbabwe’s gay community, told IRIN.

“You
would think that under other circumstances these would be the things that people
are concerned about. But the subject of homosexuality gets people’s attention
... The moral panic this creates always works,” she said.

[This report does not
necessarily reflect the views of the United
Nations]

Black
Zimbabwe is torture country: Court

Last Thursday, Zimbabwe’s Supreme
Court unanimously “chastised” state security agents for torturing Jestina
Mukoko, national director of the Zimbabwe Peace Project, four years
ago.

They came at dawn, December 3, 2008. Armed men broke into the
house of Jestina Mukoko, the only surviving parent of a teenage child who
watched, helplessly. They took her, in unmarked cars, and held her
incommunicado for 21 days.

During that time, they beat her feet with
rubber truncheons. They dumped her into solitary confinement. They forced
her to kneel on gravel, to endure searing pain. They questioned her about
the whereabouts of her son. As Mukoko explains, “Psychological torture was
the order of the day.” Under duress, the abductors, which is to say the
State, handed Jestina Mukoko over to … the State. Where she was again
imprisoned, in the notorious Chikurubi Maximum Detention Centre, after
having spent time in police cells that had already been deemed “unfit for
human habitation.”

Mukoko told this story in May to the Oslo Freedom
Forum in a panel titled “Spotlight on Repression: A glimpse into some of the
world’s least known and most repressive regimes.” Her talk is entitled “In
Mugabe’s Crosshairs.”

Where does that torture begin? As Mukoko notes, at
the outset of her talk, she was denied her freedom for 89 days in prison,
but she has been denied her freedom for far longer than that.

Where
does the torture begin? At the house invasion? The abduction? The
disappearance? The beatings? The kneeling on gravel? The nights with drunken
captors taunting and threatening her? The police cell? The prison? The
mandated weekly visits to the police, while awaiting trial?

It also
begins in the globally constructed status of “least known”. Four years ago,
when Jestina Mukoko was abducted, and then for the three months of her
ordeal, she was in the news. Zimbabwe was in the news. Then Mukoko was
released, and her story was relegated to the conference halls of human
rights organizations.

And so Zimbabwe, somehow magically, receded
into the Brigadoon fog at the season’s end.

Except that Zimbabwe did
not go away. Jestina Mukoko was not the only person abducted that year.
Among the 20 or so abducted, at the same time, by ‘State security agents’,
there was Nigel Mutemagawu, two years old. He was taken with his parents and
held incommunicado. He was beaten and then left without medical attention.
All of those cases are still pending. That means, as Mukoko explains, that
they must drag themselves, every Friday, to the police station to verify
their whereabouts: “I know how traumatic that is.”

Jestina Mukoko and so
many others are still kicking in Zimbabwe. She’s suing the government for
torture. She continues to document violations and to give voice to those who
suffer atrocity. She, and many others, continue to work for the project that
is peace. Where does the torture end? - Africacountry.com

Open
letter to Zimbabweans in the Diaspora

Greetings to all of you my fellow Zimbabweans, especially those
who continue to hope for change in Zimbabwe. I shall be writing to you
regularly to hopefully give you new perspectives on developments in your
country. Amazingly enough, your country is still standing despite years of
mismanagement and pillage of its resources.

In this letter, I want to
share with you some of my experiences on political, social and economic
developments in your country so that you may be better informed and
hopefully make better decisions on how you can participate in building a new
Zimbabwe in the future.

There is now a physiological momentum towards
change as we finalize the draft constitution and move towards a referendum
and elections. If I were you, really would not be pessimistic about the
future. I truly believe that we are going to see accelerated change,
especially in this last period, as happened in many countries in Africa
where it seemed almost impossible for change to come but overnight, we saw
new governments installed. Do not be fooled, there is no turning back and
its now a matter of when and not if.

I however note with sadness that,
you will not be able to participate in the forth coming elections. I
expected that, given the fact hat the logistics involved would present
opportunities for rigging. In addition, Zimbabwe is not yet sophisticated
enough to implement an international exercise required to get all
Zimbabweans abroad to vote.

As you are all probably aware, our
politicians continue to squabble on the way forward as that has become their
core competency of the last couple of years. Despite this, there seems to be
a self manufactured acceleration towards extinction by ZANU (PF) as it
continues to fail to articulate exactly what it can do for the country that
it has not done in the last 32 years. The MDC has high expectations to take
over political power within the next twelve months. I pray the latter
becomes a reality for your country's sake.

Zimbabwe has hardly
developed over the last twenty years. It has actually gone backwards thanks
to you know who. That is not news to you I guess. I think what is astounding
is that fact that despite the country having highly educated people in all
sectors and a huge resource base, this has not bourn any fruit in terms of
development. I do not advise you to return home yet. Your country needs new
leaders in all sectors especially politics and public sector.

It
needs people such as you, who have been exposed to developed environments so
that we may implement new ideas and develop our communities. However now is
not the time. The economy remains subdued and is operating at survival mode.
Jobs are extinct and those of you who are not in business would be advised
to stay where you are for now. Coming back would only frustrate you. You can
however invest in property and at least own a piece of land as I know that
its value is surely going to rocket in the future.

For those in business,
I think now is the time to look at opportunity. If all things go well and we
achieve a new dispensation, it is those who are already here who will make
the most of it. Be careful however who you get involved with and who you
share your ideas with as Zimbabwe is a copy economy and business ethics have
deteriorated somewhat.

I also advise that you do a little research before
you invest in anything. There are opportunities in virtually every sector
especially in agriculture, property, communications, transport, energy and
mining. I trust that these sectors will boom as disposable incomes rise but
you will have to be patient with your investment. My advice is that you
invest in a sector that you know and have the required skills.

If
you can start you own business with your own funds do so and avoid going
into a joint venture or borrowing because you will be disappointed at some
of the business practices of those that are here despite their perceived
success. You will be successful if you are innovative and aggressive. Do not
bring all your funds however; leave some abroad because you will need to
ensure that you have access to medical care abroad as the services here
suck. Also remember that the banks here do not have money.

You must
also understand that Zimbabwe's infrastructure has hardly been developed
over the last twenty years. This tends to frustrate those who are used to
live in an environment where things work. You must brace yourself for
inconsistent supply of water and energy. You cannot rely on efficient supply
of public services so you will have to make your own plan that you have
continuous water and power. Internet access is available in the cities but
over priced. If you like to read make sure you have your own constant supply
of reading materials.

Finally as you all know, there is no place like
home but we need to see a new breed of citizens who care about others and
are keen to develop the community. There is much poverty and distress while
there is a significant number of Zimbabweans who are doing well and are
seemingly divorced from positively contributing to social development. The
value system we now have is that of looking after your self at all costs ,
this is not the Zimbabwe that I wish to live in. We will all be required t
do what we can with what we have to make a difference and for me that is
more exciting that anything else.

In conclusion, do not be deceived
by those who wish to maintain the status quo, they will say anything to
delay progress and their voices will get louder as the day of reckoning
dawns. Their days are numbered.

I wish you all good health and will write
to you soon.

Sincerely

Vince Musewe

Vince Musewe is an
independent economist currently in Harare and you may contact him on vtmusewe@gmail.com

There is
still no news about an opening date for the new session of Parliament.Leaving the opening so late means that Parliament will not have much time
to deal with business – including the Budget, and perhaps the debate on the
draft of the new constitution – before the end of the year.

Important Acts Still
NOT Gazetted

The
Zimbabwe Human Rights Commission Bill and the Electoral Amendment Bill have
still not been gazetted as Acts.The HRC Bill was held up by the
discovery of errors in the copy prepared for the President’s signature.Parliament submitted a corrected copy on 17th September.Parliament were unable to explain reason for thedelay on
theElectoral Amendment Bill.

Three
Other Acts of
2012 Gazetted

Three Acts
were gazetted in a Gazette Extraordinary late on Monday 17th
September:

·Older
Persons Act – No
1/2012 [not yet in force – date of commencement to be fixed by the President
by statutory instrument in due course]

The
Status of Bills list [see below] shows that two Bills from the Minister
of Finance will be ready for presentation when Parliament eventually gets down
to work again once the President opens the new Session:

Both
Bills were gazetted several weeks ago which means they can be given their First
Readings as soon Parliament meets.After that they will be
referred to the Parliamentary
Legal Committee for a
report on their constitutionality.Meanwhile they will also have
to be examined by the Portfolio Committee on Budget, Finance and Investment
Promotion as soon as it reassembles, which may hold public hearings on the
Bills.

Veritas will notify dates where public input will be invited by the
committee.But there is no reason why interested parties should
not prepare and submit inputs to the Committee Clerk now.These
inputs and suggested amendments will be considered by the committee when they
prepare a report on the Bill to be presented to the House of Assembly when the
Bill comes up for its Second Reading, and often these reports result in changes
being made to Bills.Legal opinions on the constitutionality
of either Bill may be submitted for the attention of the Parliamentary Legal
Committee.

New Vacancy in the
Senate

MDC-T Senator Josiah Rimbi
died in Mutare on 24th September.As his was a constituency seat –
Chipinge - this brings up the total number of Parliamentary by-elections waiting
to be held from 26 to 27 [in the Senate from 10 to 11].It also
reduces the MDC-T’s current voting
strength in the Senate from 23 to 22 [made up of 3 appointed Senators and 19
elected constituency Senators].MDC has 8 Senators and
ZANU-PF 38.There are 16 Senator Chiefs.

Note: The late
Senator Mudzingwa’s appointed Senate seat has been vacant since April; the MDC-T
has so far not nominated a replacement for formal appointment by the President
in terms of GPA Article 20.1.10.

Inclusive Government
Problems

President
Fails to Swear in Deputy Minister

The MDC-T post of Deputy
Minister of Transport, Communications and Infrastructural Development has been
vacant since the death of Senator Tichaona Mudzingwa on 10th April 2012.Under Article 20.1.10 the GPA in Schedule 8 to the Constitution the
vacancy should be filled by an MDC-T nominee, formally
appointed and sworn in by the President.The Prime Minister
forwarded MDC-T’s nomination of
Senator Morgen Komichi, MDC-T National
Vice-Chairperson, to the President in June, but the President has not yet sworn
in Senator Komichi.

No National Security
Council Meetings since May

The Zimbabwe National
Security Council Act states that the President, in consultation with the
Prime
Minister, must call
meetings of the National Security Council at least once in each calendar
month.The Council has not met since May.

Media Commission
Forms Media Council

On 13th September,
the Zimbabwe Media Commission [ZMC] announced the appointment of the first
members of the Media Council in terms of section 42A of the Access to
Information and Protection of Privacy Act [AIPPA].Hitherto
totally unimplemented, this provision has been on the statute book since January
2008.

Under AIPPA, the main
functions of the Council, which is essentially a 13-member ZMC committee,
are:

·first, to assist the
ZMC to formulate a code of conduct and ethics for journalists and mass media
services

·then to assist the
ZMC to implement and enforce that code, by recommending penalties to be imposed
by the ZMC for breaches.

It will probably take
some time before the Council becomes operational in its disciplinary support
role – before that happens the code of conduct and ethics must be completed and
gazetted, and regulations must be gazetted by ZMC for the procedures to be
followed by the Council.

The Minister of
Media, Information and Publicity did little to allay fears of a future crackdown
on the independent media when he said last week that he would work with the ZMC
to cancel the media licences of those who denigrate the President.Independent media organisations have not participated in the setting-up
of the Council; instead they have stuck to their policy of voluntary
self-regulation under the aegis of the Voluntary Media Council of Zimbabwe
established in 2007.

South African Court
Ruling Against Zimbabwe Government

South Africa’s
Supreme Court of Appeal, sitting in Bloemfontein, on 20th September dismissed an
appeal brought by the Zimbabwe Government in an effort to stop the sale in
execution of immovable properties belonging to it in South Africa – the object
of the sale being the enforcement of an order for payment of legal costs made by
the SADC Tribunal in favour of dispossessed Zimbabwean farmers.The court rejected all legal arguments raised on behalf of the Government
– including Minister Patrick Chinamasa’s contention that the SADC Tribunal was
never lawfully established.[Full judgment available in PDF from veritas@mango.zw]